Witness for Ashby high-rise will return

This is the most recent artist's rendering of the proposed apartment project, commonly known as the Ashby high-rise.

This is the most recent artist's rendering of the proposed apartment project, commonly known as the Ashby high-rise.

Photo: Buckhead Investment Partners Inc

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Protesters demonstrate in front of Maryland Manor Apartments last year as they object to the Ashby high-rise. Some residents are suing to stop the project.

Protesters demonstrate in front of Maryland Manor Apartments last year as they object to the Ashby high-rise. Some residents are suing to stop the project.

Photo: Cody Duty, Staff

Witness for Ashby high-rise will return

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A defense witness who testified last week that the so-called Ashby high-rise would not affect neighboring homes will return to court on Monday to present additional evidence to support his claim.

The expert, owner of an engineering consulting firm that prepared a report for the city about the structure's impact, was to testify Wednesday as the trial on whether to stop the project was set to wrap up in state District Court.

But the proceedings were halted amid objections from a visibly angry attorney for the residents who had brought the lawsuit, which seeks to stop the proposed 21-story high-rise planned at 1717 Bissonnet.

Attorney Jean Frizzell accused the defense team of attempting to present new evidence late in the game without giving his own expert time to analyze the data and prepare a rebuttal.

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Fred Cook, who represents the developers, said a team from Paradigm Consultants was continuing to work on the site to generate additional tests.

State District Judge Randy Wilson gave both sides through the weekend to prepare for the final round of testimony, including the new findings, and give final arguments on Monday after four weeks of testimony.

The lawsuit against developers Houston-based Buckhead Investment Partners claims the project would cause traffic problems and property damage, while lowering the value of surrounding homes.

The evidence at issue revolves around the testimony of two structural engineers who gave conflicting opinions about the impact the high-rise would have on the structure of adjacent homes.

Rick Ellman of New York-based Muesler Rutledge Consulting Engineers testified earlier for the resident group that 10 existing homes near the site could suffer moderate to severe damage, including cracked foundations, buckled walls and busted water pipes.

Ellman predicted the ground would "settle" four inches.

But Woody Vogt, president of Paradigm Consultants, testified last week that the structures would produce only one inch of settlement and said there would be no adverse effects to the nearby homes.

At that time, he told the jury he used different calculations to predict the effect of the building on the soil and surrounding foundations.

He also acknowledged at that time that Ellman had conducted a more detailed analysis of potential effects.